Symantec Corporation v. Acronis, Inc. et al
Filing
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ORDER GRANTING MOTION TO FILE UNDER SEAL by Judge Jon S. Tigar, granting 127 Administrative Motion to File Under Seal. (wsn, COURT STAFF) (Filed on 10/31/2013)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SYMANTEC CORPORATION,
Case No. 12-cv-05331-JST
Plaintiff,
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v.
ORDER GRANTING MOTION TO FILE
UNDER SEAL
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ACRONIS, INC., et al.,
Re: ECF No. 127
Defendants.
United States District Court
Northern District of California
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Plaintiff-Counterclaim Defendant Symantec Corporation (“Symantec”) moves to file under
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seal Exhibit 16 to Defendants-Counterclaimants Acronis, Inc., Acronis International GMBH and
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OOO Acronis’ (“Acronis”) Responsive Claim Construction Brief, and to redact references within
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the brief. ECF No. 124. Symantec has filed a declaration in support of sealing, and Acronis filed
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a brief in opposition to sealing which was subsequently withdrawn. ECF Nos. 124-1, 142 & 154.
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The Court hereby GRANTS the motion.
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I.
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LEGAL STANDARD
A party seeking to seal a document filed with the court must (1) comply with Civil Local
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Rule 79-5; and (2) rebut the “a strong presumption in favor of access” that applies to all
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documents other than grand jury transcripts or pre-indictment warrant materials. Kamakana v.
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City and County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (citation and internal quotation
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marks omitted).
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With respect to the first prong, Local Rule 79-5 requires, as a threshold, a request that
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(1) establishes that the document, or portions thereof, are privileged, protectable as a trade secret
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or otherwise entitled to protection under the law”; and (2) is “narrowly tailored to seek sealing
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only of sealable material.” Civil L.R. 79-5(b). An administrative motion to seal must also fulfill
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the requirements of Civil Local Rule 79-5(d). “Reference to a stipulation or protective order that
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allows a party to designate certain documents as confidential is not sufficient to establish that a
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document, or portions thereof, are sealable.” Civil L.R. 79-5(d)(1)(A).
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With respect to the second prong, the showing required for overcoming the strong
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presumption of access depends on the type of motion to which the document is attached. When a
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party seeks to file materials in connection with a dispositive motion, the presumption can be
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overcome only if the party presents “compelling reasons supported by specific factual findings
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that outweigh the general history of access and the public policies favoring disclosure.”
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Kamakana, 447 F.3d 1172 at 1178-79 (internal citation omitted). “The mere fact that the
production of records may lead to a litigant’s embarrassment, incrimination, or exposure to further
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United States District Court
Northern District of California
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litigation will not, without more, compel the court to seal its records.” Id. at 1179.
On the other hand, when a party seeks to file previously sealed discovery materials in
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connection with a non-dispositive motion, the sealing party need not meet the ‘compelling
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reasons’ standard “because those documents are often unrelated, or only tangentially related, to the
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underlying cause of action.” Id. at 1179 (citation and internal quotation marks omitted). In that
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case, a party need only make a “particularized showing under the good cause standard of Rule
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26(c)” to justify the sealing of the materials. Id. at 1180 (internal citation and internal quotation
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marks omitted). A court may, for good cause, keep documents confidential “to protect a party or
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person from annoyance, embarrassment, oppression, or undue burden or expense.” Fed. R. Civ. P.
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26(c).
A district court must “articulate [the] . . . reasoning or findings underlying its decision to
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seal.” Apple Inc. v. Psystar Corp., 658 F.3d 1150, 1162 (9th Cir. 2011) cert. denied, 132 S. Ct.
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2374 (U.S. 2012).
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II.
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ANALYSIS
Since the sealing request relates to a non-dispositive claim construction brief that is not
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connected to a pending summary judgment motion, the “good cause” standard for sealing applies.
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See Apple Inc. v. Samsung Electronics Co., Ltd., 727 F.3d 1214, 1222 (Fed. Cir. 2013). Symantec
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has supported its request with a declaration attesting that the information it seeks to seal and redact
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is testimony from a Symantec employee describing the functionality of Symantec’s products.
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Declaration of Brianne M. Straka (“Straka Decl.”) ¶ 2, ECF No. 24-1. Straka also declares that
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public disclosure of the information would subject Symantec to competitive harm because it
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would expose otherwise secret information about the functionality of Symantec’s products to
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competitors. Id. ¶ 13. The Court has reviewed the materials and concludes that the public
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exposure of the materials could subject Symantec to “undue burden or expense,” and that sealing
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is therefore appropriate. Fed. R. Civ. Pro. 26(c).
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III.
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CONCLUSION
Symantec’s motion to seal is GRANTED. The responsive claims construction brief, and
exhibit 16 thereto, shall be e-filed under seal in accordance with the procedures outlined in the
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United States District Court
Northern District of California
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FAQs on the ECF website.
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IT IS SO ORDERED.
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Dated: October 31, 2013
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______________________________________
JON S. TIGAR
United States District Judge
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